Courts / Limerick / Report

State "drip fed" information on upcoming appeals by notorious Dundon brothers, court told

Date
2015-12-15

Stage
Appeal

Primary locality
Limerick

Summary

The Court of Appeal adjourned all matters concerning the appeals of Wayne and John Dundon against their convictions for threats and witness intimidation. Prosecutors, represented by Shane Costelloe SC, argued that the DPP was being "drip fed" information by the defendants and their lawyers regarding applications to add additional grounds of appeal. Mr Costelloe described the situation as "grossly unsatisfactory," noting that while appeals were lodged within time, proceedings had stalled due to the applicants' desire to introduce further grounds. The court had set a deadline of December 1 for Wayne Dundon to file a notice of motion, which he met, but his lawyers subsequently indicated that further submissions were forthcoming. The three-judge panel, including Mr Justice Garrett Sheehan, removed the appeals from the list for the scheduled hearing on December 17. The court also adjourned the matter of providing reasons for its June decision to uphold Wayne Dundon's six-year sentence, despite prosecutors' arguments that it was "unduly lenient." Wayne Dundon is currently serving a mandatory life sentence for the 2009 murder of Roy Collins, a charge to which he and co-accused Nathan Killeen pleaded not guilty before being found guilty by the Special Criminal Court. The court noted that difficulties were compounded by an intervening trial relevant to the appeal.

Who, what, where, when and why

What: Report matter: State "drip fed" information on upcoming appeals by notorious Dundon brothers, court told. Charges or matters: the murder of Mr Collins along with his co-accused Nathan Killeen (25), of Hyde Road, Prospect, Limerick, but the non-jury Special Criminal Court found them both guilty and gave them mandatory terms of life imprisonment. Procedural stage: appeal. Findings: Found guilty

When:

September 30, 2010 Hearing Or Sentence
April 18, 2012 Hearing Or Sentence
April 3rd Adjournment
Thursday, December 17 Adjournment
December 1 Hearing Or Sentence
April 9, 2009 Hearing Or Sentence
2015-12-15 Publication

Why: Mr Costelloe said they were convicted in 2012 and appeals were lodged by both men within time but matters had "dragged to a halt" simply because both applicants indicated they wished to bring further grounds of appeal. CNI source report

Case subjects

Nathan Killeen

Co Accused

Outcome: Nathan Killeen (25), of Hyde Road, Prospect, Limerick, but the non-jury Special Criminal Court found them both guilty and gave them mandatory terms of life imprisonment.

Wayne Dundon

Background Person

Charges: the murder of Mr Collins along with his co-accused Nathan Killeen (25), of Hyde Road, Prospect, Limerick, but the non-jury Special Criminal Court found them both guilty and gave them mandatory terms of life imprisonment (Proven)

Finding: Found guilty

Outcome: Found guilty; In June, the Court of Appeal stated that it would not review Wayne Dundon's prison sentence for making threats to kill and intimidating witnesses despite an appeal by prosecutors that his six year sentence was "unduly lenient". Wayne Dundon is also currently serving a life sentence for the revenge murder of innocent businessman Roy Collins in Limerick, on April 9, 2009.; However, the three-judge court adjourned all matters this afternoon on foot of submissions from Shane Costelloe SC, for the Director of Public Prosecutions.